Judge to let Hostess liquidation proceed

Hostess Brands Inc. on Wednesday won permission from a U.S. bankruptcy judge to begin shutting down, and expressed optimism it will find new homes for many of its iconic brands, which include Twinkies, Drake's cakes and Wonder Bread.

U.S. Bankruptcy Judge Robert Drain in White Plains, New York authorized management, led by restructuring specialist Gregory Rayburn, to immediately begin efforts to wind down the 82-year-old company, a process expected to take one year.

"It appears clear to me that the debtors have taken the right course in seeking to implement the wind-down plan as promptly as possible," Drain said near the end of a four-hour hearing.

The judge authorized Hostess to begin the liquidation process one day after his last-ditch mediation effort between the Irving, Texas-based company and its striking bakers' union broke down.

Roughly 15,000 workers were expected to lose their jobs immediately, and most of the remaining 3,200 would be let go within four months.

"This is a tragedy, and we're well aware of it," Heather Lennox, a lawyer for Hostess, told the judge. "We are trying to be as sensitive as we can possibly be under the circumstances to the human cost of this."

Lennox said Hostess has received a "flood of inquiries" from potential buyers for several brands that could be sold at auction, and expects initial bidders within a few weeks.

Joshua Scherer, a partner at Perella Weinberg Partners, which is advising Hostess, said the company was in "active dialogue" over its Drake's brand with one "very interested" party that had toured a New Jersey plant on Tuesday.

He said that regional bakeries, national rivals, private equity firms and others have also expressed interest in various brands and that more than 50 nondisclosure agreements have been signed.

"These are iconic brands that people love," Scherer said.

While prospective buyers were not identified at the hearing, bankers have said rivals including Flowers Foods Inc. and Mexico's Grupo Bimbo SAB de CV were likely to be interested in some of the brands.

Representatives of neither company responded on Wednesday to requests for comment.

Scherer said Hostess could be worth $2.3 billion to $2.4 billion in a normal bankruptcy, an amount equal to its annual revenue. It also has about $900 million of secured debt and faces up to about $150 million of administrative claims.

Scherer expects a discount in this case because plants have already been closed and Hostess' value could fall further if the liquidation were dragged out.

"I've had buyers tell me, 'Josh, the longer it takes, the less value I'm going to be able to pay you,' " he said.

Hostess decided to liquidate on Nov. 16, saying it was losing about $1 million per day after the Bakery, Confectionery, Tobacco and Grain Millers Union, representing close to one-third of its workers, went on strike a week earlier.

The bakers union walked out after Drain authorized Hostess to impose pay and benefit cuts, which the International Brotherhood of Teamsters, Hostess' largest union, had accepted.

Hostess has about 33 plants, plus three it decided to close after the strike began, as well as 565 distribution centers and 570 bakery outlet stores.

Many of the 3,200 workers expected to stay on will help shut these properties and prepare them for sale. Hostess expects to need only about 200 employees by late March.

Rayburn, a former chief restructuring officer for the bankrupt phone company WorldCom Inc., said that letting 15,000 workers go now helps preserve their ability to obtain unemployment benefits.

"I need to maximize the value of the estate, but I need to do the best I can for my employees," he said.

Hostess filed for Chapter 11 protection on Jan. 11, its second bankruptcy filing in less than three years.

The case is In re: Hostess Brands Inc. et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-22052.

Read More..

'It's going to be an absolutely awful morning': forecaster

Dense fog has caused nearly 100 flights to be canceled and more than 400 others to be delayed at O'Hare and Midway airports this morning, tying up plans of holiday travelers.

As of 8 a.m., 65 flights had been canceled at O'Hare International Airport and 25 at Midway Airport, according to flightstats.com, which draws on data from airports and the Federal Aviation Administration. More than 300 flights were reporting delays at O'Hare and 107 at Midway.

“Both (airports) are reporting visibility near zero,” said Gino Izzi, a meteorologist at the National Weather Service.  “It’s going to be an absolutely awful morning, and will probably go into the afternoon at most airports.”

Lines were slow but moving at O'Hare this morning.

“Right now it’s OK, right now it’s not too crowded, but I bet later on this afternoon or whatever it will be a lot more crowded,” said Casey Tristano, who was waiting for a flight out of O'Hare.

The Chicago Department of Aviation says it expects 1.8 million passengers to move through the two airports in the week between Nov. 20 and Nov. 27. Sunday is expected to be the busiest day, when O'Hare alone could see more than a quarter million travelers.

Chicago and state police were reporting no serious accidents this morning, though longer-than-usual delays were being reported on expressways.

“I think the fog is going to have some effect on either people's decisions on when they’re going to leave or certainly, if they're out, in getting to where they want to go today," said Beth Mosher, spokeswoman for the AAA Motor Club.

 “You know here in Illinois, we’re going to see about 2 million people take to the roads and almost 40 million people take to the roads nationwide," she said. "Fog certainly is going to have an affect, and all those people on the roads at the same time, getting to where they want to go.”

A dense fog advisory is in effect for northern and central Illinois. The advisory is also in effect for most of Missouri and Wisconsin, as well as eastern Iowa and northwest Indiana.

“If it does improve, it probably won’t be fast,” Izzi said. “We’ll probably be sitting in the pea soup through most of the morning hours. It probably won’t be something where it’s going to be dense fog at 10 a.m. and sunny at 11 a.m.”

The fog is blanketing the area as temperatures headed toward 60 today. Izzi said temperatures on Thanksgiving should reach well into the 60s.

WGN-TV contributed

chicagobreaking@tribune.com
Twitter: @chicagobreaking

Read More..

J.R.R. Tolkien estate sues Warner Bros. over gambling, games

LOS ANGELES (Reuters) – The estate of “The Lord of the Rings” author J.R.R. Tolkien and publisher HarperCollins have filed an $ 80 million lawsuit against Warner Bros. studios over the licensing of characters and plots in online and gambling games derived from the films.

The lawsuit, which was filed in U.S. District Court in Los Angeles on Monday, alleges that Warner Bros. and its subsidiary New Line Cinema – which own the merchandising rights to the “Lord of the Rings” and “The Hobbit” brands – infringed on copyrights by licensing to casino slot machines, online gambling, games and downloads.

Tolkien‘s estate accuses Warner Bros., a unit of Time Warner Inc., of “infringing conduct.”

“Not only does the production of gambling games patently exceed the scope of defendants’ rights, but this infringing conduct has outraged Tolkien’s devoted fan base, causing irreparable harm to Tolkien’s legacy and reputation and the valuable goodwill generated by his works,” the lawsuit stated.

The suit claimed Warner Bros. earned millions of dollars from legal merchandise licensing revenue related to “The Lord of the Rings” trilogy of films, which have grossed nearly $ 3 billion at the global box office.

The estate of the late English author and HarperCollins, a division of News Corp., are asking for at least $ 80 million in damages.

Representatives for Warner Bros., Tolkien’s estate and HarperCollins were not immediately available for comment.

The lawsuit comes a week ahead of the New Zealand premiere of “The Hobbit: An Unexpected Journey,” the first of a new trilogy of films returning to Tolkien’s world of elves, goblins and wizards of Middle Earth, based on the “Lord of the Rings” prequel novel “The Hobbit.”

(Reporting By Eric Kelsey; Editing by Piya Sinha-Roy and Mohammad Zargham)

Movies News Headlines – Yahoo! News

Read More..

The New Old Age Blog: Patience, Consciousness and White Lies

My wife and I are blessed with having three “semi-independent” parents in their mid-80s living within a few blocks of us. Our children grew up knowing their grandparents as integral parts of our nuclear family, within walking distance for most of their childhoods. But now that our nest is empty, we find ourselves reliving many of the parenting issues we faced when our children were little — now in geriatric versions, at close range. As it turns out, parenting was good practice for the issues we face with our own parents.

What exactly does semi-independence mean as applied to elderly parents? Among our three, we have two canes, five walkers, one wheelchair (for long walks), four artificial joints, a pacemaker, four hearing aides and a knee brace. The list of medical conditions is long, and the list of medications even longer, requiring different color pill box organizers for morning, afternoon and evening.

Our parents all live in the same homes they have been in for many years. Keeping them safe and healthy there, as well as when they leave the house, has become a big part of our day-to-day work these days. Therein the yin and yang of parenting has returned — independence versus helicoptering.

Children’s yearning for independence begins in toddlerhood: “I can do it myself!” It escalates through childhood, accelerates with the driver’s license, and crescendos, with pomp and circumstance, at high school graduation.

The urge for independence is seen in all animal species, but relinquishing independence and accepting assistance in old age is unique to humans. For most elderly, it comes with a struggle, reflecting how hardwired our brains are for independence. The thought of getting in-home help is antithetical to our parents’ sense of self worth, exceeded only by the dread of leaving their homes for assisted living facilities. So, as tasks that were once mundane and automatic have become onerous and stressful for them, we attempt to foster autonomy while protecting them from harm, as we did with our children just a few short years ago.

Childproofing – Our home has again become hazardous, as have theirs. Furniture must be rearranged, booster seats placed on chairs to ease standing up, slippery rugs removed, lighting improved, bathrooms accessorized with handles and rails.

Dressing – Body shapes change in childhood and in old age. Our parents’ wardrobes, like those of our children’s before them, need frequent attention to preserve self-esteem. Their unwillingness to part with old clothes turns us into tailors. And, once again, we shop for slip-on sneakers with Velcro ties.

Driving – For our teens, driving was the symbolic liberation from childhood to young adulthood. For our parents, driving is the symbolic resistance to infirmity and old age. Our attempt to wean them from their cars, in precisely the reverse order we used to phase our teens into driving, has been torture for our parents and for us.

Toys – We have filled our parents’ shelves with new toys to help them with everything from opening cartons of milk (I would like a word with whoever designed those plastic pull loops) and zipping their clothes, to opening jars and removing the protective seals from over-the-counter medicines. A “picker-upper” device helps them avoid bending too low, and a key turner gives them leverage to open their door. Large digital clock faces, easy-to-read telephone keypads, and magnifying glasses keep them in touch with the world, and an e-mail printer keeps them in touch with their grandchildren.

Medicating – Filling those plastic pill box organizers with a week’s worth of medicines has become a personal barometer of competence for our parents, yet, as with our children when they were young, we feel compelled to oversee the dosing.

Mobility – Despite numerous falls, it was only with much teeth gnashing (or denture gnashing, as the case may be) that our mothers consented to use canes; more gnashing when canes gave way to walkers. For long walks, we hide the wheelchair half way there and back so the neighbors don’t see.

The more we do for our parents, the more frail and guilty they feel. Our efforts are sometimes resented. Helping them get in and out of the car, or bracing them under the arm as they negotiate a bumpy sidewalk, can be an affront. “I can do it myself!”

Can I ride my bike to tennis practice if I’m really careful crossing Holly Street? Why can’t I take a cab home from the seniors program at the community center? Can I walk to grandma’s by myself this time? Can I take the bus to the supermarket today? Everyone is hanging out at the park after school, can I go? I’ll just walk down the block to the neighbor’s house this afternoon, O.K.?

What wisdom did we gain the first time around to help us now? Patience, consciousness and white lies.

Patience to wait for them to come to the same conclusions we did. Mom, do you think Rosalind would have fallen and broken both wrists if she had been using a walker?

Consciousness about their need for independence as ballast to our need for their well-being. Why don’t you just let us drive you at night for now?

And white lies: I’m going to the supermarket anyway, we can shop together.

The longer we can protect our parents from harm, the more we can share our lives with them and the more joy they can have from their grandchildren. The trick is doing it without hurting them in other ways.

We have been through this before. It was worth it then, and it is worth it now.

Dr. Harley A. Rotbart is professor and vice chairman of pediatrics at the University of Colorado School of Medicine and the author of “No Regrets Parenting.”

Read More..

Hostess, union fail to reach deal

Hostess Brands Inc, the bankrupt maker of Twinkies and Wonder Bread, said on Tuesday that it failed to reach a deal in mediation with the Bakery, Confectionary, Tobacco and Grain Millers Union.

The company, which operates three facilities in Illinois, including in Schiller Park and Hodgkins, said it will have no further comment until a hearing scheduled for Wednesday before the U.S. Bankruptcy Court for the Southern District of New York.

A representative of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM) did not immediately respond for comment.

The ailing company, which also makes Wonder Bread and Drake's cakes, went to bankruptcy court on Monday to seek permission to liquidate its business, claiming that its operations were crippled by the bakers' strike and that winding down was the best way to preserve its dwindling cash.

But Bankruptcy Judge Robert Drain of the Southern District of New York urged the sides into a private mediation, prompted by a desire to protect the more than 18,000 jobs at stake.

The 82-year-old Hostess runs 33 bakeries, 553 distribution centers, about 5,500 delivery routes and 527 bakery outlet stores throughout the United States. Bakery operations ceased last week, though product deliveries to stores continued in order to sell already-made products.

The company has blamed union wages and pension costs for contributing to its unprofitably. Hostess Chief Executive Gregory Rayburn has also said the company's labor contracts have deterred would-be bidders for the company and its assets.

Aside from its unionized workforce, analysts, bankers and restructuring experts have said that a fleet of inefficient and out-of-date factories has also eaten up costs. They have said the brand names were likely to be more valuable once they were separated from the factories and sold to non-union competitors.

Read More..

Deadly Indiana home explosion investigated as homicide

INDIANAPOLIS -- The house explosion that killed two people and destroyed several homes in an Indianapolis neighborhood is now being investigated as a homicide, authorities said, though no suspects have been named.

Indianapolis Homeland Security Director Gary Coons announced the criminal investigation Monday evening, shortly after a funeral was held for the husband and wife who had lived next door to the house where investigators believe the blast occurred.

"We are turning this into a criminal homicide investigation," Coons said after meeting with residents, the first public acknowledgement by investigators of a possible criminal element to the Nov. 10 explosion.

Search warrants have been executed and officials are now looking for a white van that was seen in the subdivision on the day of the blast, Marion County Prosecutor Terry Curry said. Federal authorities are offering a $10,000 reward for information in the case.

Curry said the investigation is aimed at "determining if there are individuals who may be responsible for this explosion and fire," but neither he nor Coons took questions or indicated if investigators had any suspects. No arrests have been made.

A lawyer representing Monserrate Shirley and Mark Leonard, who lived in that home that is believed to have exploded, said Tuesday that the couple was bewildered by the new direction of the investigation.

Randall Cable said in a statement that Shirley and Leonard have "cooperated fully" with investigators and that they want the cause "of this horrific and saddening tragedy to be determined."

Officials say they believe natural gas was involved in the explosion, which destroyed five homes and left dozens damaged. Investigators have focused on appliances in their search for a cause. The explosion caused an estimated $4.4 million in damage.

"We thought something like this was not just an accident," said Doug Aldridge, who heads the neighborhood Crime Watch.

Aldridge said he and other residents frequently saw a white van parked outside the home, though he didn't know who owned it. He said residents are angry and upset but that he expects most of them to stay in the neighborhood.

Hundreds of people attended the funeral Monday for John Dion Longworth, 34, and his 36-year-old wife Jennifer Longworth.

She was a second-grade teacher remembered for knitting gifts for her students, while her husband, an electronics expert, was known as a gardener and nature lover. The school where Jennifer Longworth taught was closed Monday so teachers and students could attend the funeral.

Indianapolis Mayor Greg Ballard told reporters after attending the Longworths' funeral Monday that he had been having a hard time coming to terms with what happened.

"There is a search for truth and there is a search for justice," Ballard said.

John Shirley, who co-owns the house with his ex-wife, Monserrate, has told The Associated Press that he had recently received a text message from his 12-year-old daughter saying the furnace in the home had gone out.

Monserrate Shirley said Leonard had replaced the thermostat and that the furnace was working. Cable has said the daughter told her mother she had smelled an odd odor in recent weeks, but they hadn't reported it.

Shirley and Leonard were away at a casino at the time of the blast, Cable said. The daughter was staying with a friend, and the family's cat was being boarded.

Read More..

Lindsay Lohan, Liz Taylor and pages of “what ifs” for TV’s “Liz & Dick”

LOS ANGELES (Reuters) – Making a movie about Elizabeth Taylor takes courage. Casting wayward starlet Lindsay Lohan as the Hollywood screen legend was both daring and asking for trouble.

And indeed, trouble is what producers got during the shooting of Lifetime TV movie “Liz & Dick” – but they say the payoff made it all worthwhile.

“Let’s say that producing a movie with Lindsay Lohan is not for the faint of heart,” said executive producer Larry Thompson. “I turned 50 shades of white during production…But the risk was worth the rewards; the pain was worth the pleasure.”

“Liz & Dick,” which premieres on November 25, recounts the scandalous and tumultuous romance between Taylor and British actor Richard Burton in the 1960s and 70s. Lohan is one of the few people ever to have portrayed the diamond-loving, larger-than-life, two-time best actress Oscar winner on screen.

The idea was irresistible. Who better than Lohan, 26, a former child star herself, would know the pressures of having her every move scrutinized by the media, the allure of drink and drugs, and the thrills and risks of living life on the edge?

“I think Lindsay Lohan…literally knows no boundaries and that becomes dangerous and exciting. And she has the ability to bring to the screen and her performance that danger, that raw emotion,” Thompson told reporters ahead of the premiere.

“If you are going to make a movie about Taylor, you damn well want some great magic. And we felt that Lindsay Lohan could bring that.”

Some reviews for “Liz & Dick” have been savage. The Hollywood Reporter called Lohan “woeful as Taylor from start to finish” and the TV movie “an instant classic of unintentional hilarity.” Variety was kinder, calling Lohan “adequate” and the film “hammy” but “pretty good, all things considered.” Both noted casting Lohan was a sound publicity move.

Thompson however is proud of the 90-minute TV film. “I think people will see (New Zealand actor) Grant Bowler as Richard Burton just steals your heart, and Lindsay Lohan breaks it.”

PAGES OF ‘WHAT IFS’

After five years of legal troubles, numerous trips to jail, rehab, and courtrooms, the “Mean Girls” star was looking for a project that could re-establish the credentials that had once made her among the most promising young actresses in Hollywood.

But her past brought problems with insurance for the movie, shooting schedules and the personal setbacks Lohan faced during the making of the TV film earlier this year.

Thompson said the deal with Lohan included “pages and pages of ‘what if’ clauses. What if there is a car accident? What if there is a violation of probation and she would be incarcerated? She might be the most insured actress to ever walk on a soundstage.”

The clauses were needed. During shooting, Lohan was involved in a serious car crash in the California beach city of Santa Monica, and on a separate occasion she was rushed to the hospital suffering from what as described as “exhaustion and dehydration.”

And just as Taylor and Burton were hounded by (and sometimes courted) the media during their highly public extra-marital affair, Lohan and the production staff had the paparazzi to deal with.

“There were paparazzi following us around, hanging out of trees every day. And while we were making a movie about Elizabeth Taylor being followed by paparazzi, we had real paparazzi following our paparazzi following Elizabeth Taylor. So it was life imitating art, art imitating life,” said Thompson.

Thompson acknowledged that fans of Taylor, who died in 2011 at age 79 after eight marriages – two of them to Burton – will believe there is no actress who could possibly play her. Burton died in 1984 at the age of 58.

Yet Lifetime chose Lohan also in the hope she would bring a younger generation of her own fans to the movie.

“A lot of young people today think Liz Taylor is an old woman sitting in a wheelchair next to Michael Jackson, whereas our movie is about the young, vibrant, highest-paid movie star in the world at the height of her beauty and power,” Thompson said.

As for whether he would work again with Lohan despite the challenging shoot?

“Sure,” Thompson said.

(Reporting by Jill Serjeant; Editing by Christine Kearney and Lisa Shumaker)

Movies News Headlines – Yahoo! News

Read More..

Responding to Illnesses Manifesting Amid Recovery From Storm

Nicole Bengiveno/The New York Times

Dr. Aaron Gardener, center, attended to a patient at an ad hoc medical unit in Long Beach, N.Y. Many people have coughs, rashes and other ailments.

Day and night, victims of Hurricane Sandy have been streaming into ad hoc emergency rooms and relief centers, like the MASH-type medical unit on an athletic field in Long Beach, and the warming tent in the Rockaways the size of a small high school gym.

They complain of rashes, asthma and coughing. They need tetanus shots because — house-proud and armed with survivalist instincts — they have been ripping out waterlogged boards and getting poked by rusty nails. Those with back pain from sifting through debris receive muscle relaxants; those with chest pain from overexertion are hooked up to cardiac monitors.

“I’ve been coughing,” said Gabriel McAuley, 46, who has been working 16-hour days gutting homes and hauling debris in the Rockaways since the storm hit. “I’ve never felt a cough like that before. It’s deeper down.”

It is impossible to say how many people have been sickened by what Hurricane Sandy left behind: mold from damp drywall; spills from oil tanks; sewage from floodwater and unflushable toilets; tons upon tons of debris and dust. But interviews with hurricane victims, recovery workers, health officials and medical experts over the last week reveal that some of the illnesses that they feared would occur, based on the toxic substances unleashed by the storm and the experience of other disasters, notably Hurricane Katrina, have begun to manifest themselves.

Emergency rooms and poison control centers have reported cases of carbon monoxide exposure — and in New Jersey, several deaths have been attributed to it — from the misuse of generators to provide power and stoves to provide heat.

In Livingston, N.J., the Burn Center at St. Barnabas Medical Center had 16 burn cases over about six days, three times as many as usual, from people trying to dispel the cold and darkness with boiling water, gasoline, candles and lighter fluid.

Raw sewage spilled into homes in Baldwin and East Rockaway, in Nassau County, when a sewage plant shut down because of the surge and the system could not handle the backup. Sewage also spilled from a huge plant in Newark. “We tried to limit our presence in the house because the stink was horrible,” said Jennifer Ayres, 34, of Baldwin, who has been staying temporarily in West Hempstead. She said that she felt ill for several days, that her son had a scratchy throat, and that her mother, who lives in the house, had difficulty breathing, all problems she attributed to the two days they spent inside their house cleaning up last week. “I had stomach problems. I felt itchy beyond itchy on my face.”

Coughing — locally known as the Rockaway cough — is a common symptom that health officials said could come from mold, or from the haze of dust and sand kicked up by the storm and demolitions. The air in the Rockaways is so full of particles that the traffic police wear masks — though many recovery workers do not, worrying people who recall the fallout of another disaster.

“It’s just like 9/11,” said Kathy Smilardi, sitting inside the skeleton of her gutted home in Broad Channel, wrapped in a white puffy jacket, her breath visible in the afternoon cold. “Everyone runs in to clean up, and they’re not wearing masks. Are we going to wait 20 years to figure out that people are dying?”

Health officials and experts say the risks are real, but are cautioning against hysteria. Some coughing could be due to cold, damp weather. Lasting health effects from mold, dust and other environmental hazards generally require long-term, continuous exposure, they said. And the short-term effects can be mitigated by taking precautions like wearing masks, gloves and boots and removing mold-infested wallboard. “The reality is that cleaning up both muck and sewage and spills and removing walls and reconstruction and dealing with debris all do in fact pose concerns,” Daniel Kass, New York City’s deputy commissioner for environmental health, said Friday. “Are they vast or uncontrollable? No. But they depend on people doing work correctly and taking basic precautions.”

The Katrina cough was found to be temporary, said Roy J. Rando, a professor at Tulane’s School of Public Health and Tropical Medicine. Felicia Rabito, an epidemiologist at the school, said that healthy children exposed to mold after Hurricane Katrina showed no lasting respiratory symptoms when they moved back to new or renovated homes.

Immediately after Hurricane Katrina, lead levels in New Orleans’s soil dropped after the top layers of dirt, where lead from paint and gasoline can accumulate, were washed away. But in the two years afterward, soil testing found extremely high lead levels, Dr. Rabito said, which she theorized came from renovating old homes. “That’s a cautionary tale,” she said. Lead in soil can be tracked into homes and pose a health hazard to children playing inside or outside.

Though at least one outbreak of norovirus, a contagious gastrointestinal virus, occurred in a Brooklyn high school that was used as a shelter, New York and New Jersey health officials said they had not seen any significant spike in respiratory or gastrointestinal diseases related to the storm.

In Broad Channel, most homes on Noel Road, where Ms. Smilardi lives, have outdoor oil tanks that were overturned by the storm. The innards of many homes, built when asbestos was used, lie spilled among major and minor roads.

Ominous red spots covered both sides of Paul Nowinski’s burly torso. After the storm, Mr. Nowinski, a musician, waded into the basement of his childhood home on Beach 146th Street in the Rockaways to try to salvage records, books and instruments. He was up to his chest in water, which he thinks might have been contaminated with sewage. He said that he did not know the cause of the red marks; and that he had been too busy “schlepping” to go to the doctor.

Angela Macropoulos contributed reporting.

Read More..

Hostess, unions agree to mediation

Hostess Brands Inc agreed in court on Monday to enter private mediation with its lenders and leaders of a striking union to try to avert the liquidation of the maker of Twinkies snack cakes and Wonder Bread.

Hostess, its lenders and the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union agreed to mediation at the urging of Bankruptcy Judge Robert Drain of the Southern District of New York, who advised against a more expensive, public hearing regarding the company's liquidation.

"My desire to do this is prompted primarily by the potential loss of over 18,000 jobs as well as my belief that there is a possibility to resolve this matter," Drain said.

The 82-year-old Hostess was seeking permission to liquidate its business, claiming that its operations have been crippled by a bakers strike and that winding down is the best way to preserve its dwindling cash. Hostess suspended operations at all of its 33 plants across the United States last week as it moved to start selling assets.

Heather Lennox, a lawyer for Hostess, said it would be hard for Hostess to recover from the damage it sustained due to the strike even if an agreement was forthcoming. Yet following the hearing, Hostess Chief Executive Officer Gregory Rayburn told reporters that there was always a chance Hostess could be saved.

"I think we have to see what unfolds," Rayburn said. "My impression is that the judge wants to understand the parties' positions and some of their logic, but it doesn't change our financial position.

"I'm happy to have the help," he added, referring to Drain's mediation following a breakdown of communication between Hostess and the union. "Maybe the judge will help. But can I handicap how it's going to go? No way."

A lawyer for Hostess' creditors' committee declined to comment.

The court-sanctioned mediation could make both sides more willing to give, said Nick Kalm, a communications consultant specializing in labor relations.

"It makes it much more likely that the company will put forward something that is less draconian... and the union will take it. The union realizes they are out of options," said Kalm.

BEHIND CLOSED DOORS

The BCTGM called the strike on November 9 after Hostess sought and won court approval to impose wage and benefit cuts.

Unlike other unions representing workers at Hostess, the BCTGM did not contest Hostess's action -- which allowed it to reject a collective bargaining agreement and impose its offer.

Given the fact that the union did not fight Hostess's motion in court, Judge Drain said it was "somewhat unusual to say the least, and perhaps illogical" that the union would then strike against it.

"Its an odd approach," Drain said. "Before thousands of people are put out of work it would seem to me worthwhile for both the union and the debtors to explore why that happened."

Drain also questioned whether the union had held discussions with competitors or potential suitors about a shiftover of jobs, saying the union's response to Monday's motion implied that it sees "meaningful sales available out there beyond the piecemeal sales that this motion contemplates."

A lawyer for the union did not immediately return a phone call seeking comment on whether such discussions had taken place.

BUYERS MAY EMERGE

Analysts have said Hostess' brands, which also include Nature's Pride, Dolly Madison and Drakes, are expected to draw interest from rivals including Flowers Foods, Pepperidge Farm owner Campbell Soup Co and Mexico's Grupo Bimbo.

Brian Boyle, a food industry investment banker at D.A. Davidson & Co, said it was hard to gauge the value of the Hostess assets, given that there are a lot of plants that are old and inefficient.

"The other wild card is whether you're going to see different buyers emerge for different segments of the business. So Flowers Foods, for instance, might want the cake segment and Bimbo could want the bread piece. So it comes down to 'are the parts greater than the whole?'," Boyle said. "In either case, significant labor and benefits concessions will be required."

Private equity firm Metropolous & Co said on Friday it was interested in pursuing the company, and on Monday, Fortune reported that Sun Capital Partners was interested. Sun Capital did not return a call seeking comment.

The company did have a potential white knight at one point, according to Hostess. Last spring, an outside equity investor had made a viable proposal that would help the company reorganize, it said, but the Teamsters union refused to agree to changes to the pension program and the outside investor walked away.

The company spent the summer and fall negotiating with all of the 12 unions trying to find a common path to reorganization, and did gain certain agreements with the Teamsters and many of the other unions, though not the BCTGM. At the same time the company started putting together a liquidation plan.

Read More..

Father, daughter killed in Wisconsin plane crash

Members of the Burlington Police Department guard the scene of a plane crash in Burlington Wis. (Armando L. Sanchez, Chicago Tribune / November 18, 2012)

Staff report and WGN-TV

8:33 a.m. CST, November 19, 2012

An Antioch man and his 14-year-old daughter were killed when their plane crashed as it approached a small airport just north of the Wisconsin-Illinois border, according to police and relatives.

The victims were identified by the family as Todd Parfitt, who just turned 50, and Nicole Parfitt, 14.

A single-engine Grumman plane registered to Parfitt crashed about 1:25 p.m. Sunday as it approached the airport in Burlington, Wis., about 20 miles north of the state line, officials said. Both victims were thrown from the plane, they said.

“The preliminary information is that it crashed while attempting to land,” said Lynn Lunsford, a spokesman for the Federal Aviation Administration.

Lunsford said the Burlington airport has no control tower, and the pilot was not in contact with air traffic controllers when the plane went down in a cornfield.

The Walworth County Sheriff’s Department said it would release more information later this morning.

chicagobreaking@tribune.com

Twitter: @ChicagoBreaking

Read More..